0

Best Evidence Rule

Description: Best Evidence Rule Quiz
Number of Questions: 15
Created by:
Tags: evidence best evidence rule
Attempted 0/15 Correct 0 Score 0

What is the best evidence rule?

  1. The rule that requires the production of the original document or recording.

  2. The rule that allows the admission of secondary evidence when the original is not available.

  3. The rule that allows the admission of hearsay evidence when the declarant is unavailable.

  4. The rule that allows the admission of expert testimony when the subject matter is beyond the understanding of the average juror.


Correct Option: A
Explanation:

The best evidence rule is a rule of evidence that requires the production of the original document or recording of a writing or recording when it is offered as evidence in a legal proceeding. The purpose of the rule is to ensure that the evidence is accurate and reliable.

What are the exceptions to the best evidence rule?

  1. When the original is lost or destroyed.

  2. When the original is in the possession of the adverse party and cannot be obtained.

  3. When the original is a public record.

  4. All of the above.


Correct Option: D
Explanation:

The exceptions to the best evidence rule include: when the original is lost or destroyed; when the original is in the possession of the adverse party and cannot be obtained; when the original is a public record; and when the evidence is a collateral matter.

What is the purpose of the best evidence rule?

  1. To ensure that the evidence is accurate and reliable.

  2. To prevent the introduction of hearsay evidence.

  3. To protect the rights of the accused.

  4. All of the above.


Correct Option: A
Explanation:

The purpose of the best evidence rule is to ensure that the evidence is accurate and reliable. The rule prevents the introduction of secondary evidence, such as a copy of a document or a witness's testimony about the contents of a document, when the original is available. This is because secondary evidence is less reliable than original evidence.

What is the difference between primary evidence and secondary evidence?

  1. Primary evidence is the original document or recording, while secondary evidence is a copy of the original.

  2. Primary evidence is evidence that is firsthand, while secondary evidence is evidence that is hearsay.

  3. Primary evidence is evidence that is relevant, while secondary evidence is evidence that is irrelevant.

  4. Primary evidence is evidence that is admissible, while secondary evidence is evidence that is inadmissible.


Correct Option: A
Explanation:

Primary evidence is the original document or recording of a writing or recording. Secondary evidence is a copy of the original, or a witness's testimony about the contents of the original. Secondary evidence is generally not admissible in court unless the original is lost or destroyed, or is in the possession of the adverse party and cannot be obtained.

What are some examples of primary evidence?

  1. A written contract.

  2. A photograph.

  3. A video recording.

  4. All of the above.


Correct Option: D
Explanation:

Examples of primary evidence include: a written contract, a photograph, a video recording, a录音, and a public record.

What are some examples of secondary evidence?

  1. A copy of a written contract.

  2. A witness's testimony about the contents of a written contract.

  3. A summary of a public record.

  4. All of the above.


Correct Option: D
Explanation:

Examples of secondary evidence include: a copy of a written contract, a witness's testimony about the contents of a written contract, a summary of a public record, and a transcript of a录音.

When is secondary evidence admissible in court?

  1. When the original is lost or destroyed.

  2. When the original is in the possession of the adverse party and cannot be obtained.

  3. When the original is a public record.

  4. All of the above.


Correct Option: D
Explanation:

Secondary evidence is admissible in court when the original is lost or destroyed, when the original is in the possession of the adverse party and cannot be obtained, and when the original is a public record.

What is the best evidence rule's impact on the admissibility of hearsay evidence?

  1. The best evidence rule does not affect the admissibility of hearsay evidence.

  2. The best evidence rule makes hearsay evidence inadmissible.

  3. The best evidence rule makes hearsay evidence admissible only if the declarant is unavailable.

  4. The best evidence rule makes hearsay evidence admissible only if the statement is relevant.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of hearsay evidence. Hearsay evidence is admissible in court if it falls within an exception to the hearsay rule.

What is the best evidence rule's impact on the admissibility of expert testimony?

  1. The best evidence rule does not affect the admissibility of expert testimony.

  2. The best evidence rule makes expert testimony inadmissible.

  3. The best evidence rule makes expert testimony admissible only if the expert is qualified.

  4. The best evidence rule makes expert testimony admissible only if the testimony is relevant.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of expert testimony. Expert testimony is admissible in court if the expert is qualified and the testimony is relevant.

What is the best evidence rule's impact on the admissibility of real evidence?

  1. The best evidence rule does not affect the admissibility of real evidence.

  2. The best evidence rule makes real evidence inadmissible.

  3. The best evidence rule makes real evidence admissible only if it is relevant.

  4. The best evidence rule makes real evidence admissible only if it is authenticated.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of real evidence. Real evidence is admissible in court if it is relevant and authenticated.

What is the best evidence rule's impact on the admissibility of demonstrative evidence?

  1. The best evidence rule does not affect the admissibility of demonstrative evidence.

  2. The best evidence rule makes demonstrative evidence inadmissible.

  3. The best evidence rule makes demonstrative evidence admissible only if it is relevant.

  4. The best evidence rule makes demonstrative evidence admissible only if it is authenticated.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of demonstrative evidence. Demonstrative evidence is admissible in court if it is relevant and authenticated.

What is the best evidence rule's impact on the admissibility of opinion evidence?

  1. The best evidence rule does not affect the admissibility of opinion evidence.

  2. The best evidence rule makes opinion evidence inadmissible.

  3. The best evidence rule makes opinion evidence admissible only if the witness is qualified.

  4. The best evidence rule makes opinion evidence admissible only if the opinion is relevant.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of opinion evidence. Opinion evidence is admissible in court if the witness is qualified and the opinion is relevant.

What is the best evidence rule's impact on the admissibility of character evidence?

  1. The best evidence rule does not affect the admissibility of character evidence.

  2. The best evidence rule makes character evidence inadmissible.

  3. The best evidence rule makes character evidence admissible only if it is relevant.

  4. The best evidence rule makes character evidence admissible only if it is authenticated.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of character evidence. Character evidence is admissible in court if it is relevant and authenticated.

What is the best evidence rule's impact on the admissibility of habit evidence?

  1. The best evidence rule does not affect the admissibility of habit evidence.

  2. The best evidence rule makes habit evidence inadmissible.

  3. The best evidence rule makes habit evidence admissible only if it is relevant.

  4. The best evidence rule makes habit evidence admissible only if it is authenticated.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of habit evidence. Habit evidence is admissible in court if it is relevant and authenticated.

What is the best evidence rule's impact on the admissibility of reputation evidence?

  1. The best evidence rule does not affect the admissibility of reputation evidence.

  2. The best evidence rule makes reputation evidence inadmissible.

  3. The best evidence rule makes reputation evidence admissible only if it is relevant.

  4. The best evidence rule makes reputation evidence admissible only if it is authenticated.


Correct Option: A
Explanation:

The best evidence rule does not affect the admissibility of reputation evidence. Reputation evidence is admissible in court if it is relevant and authenticated.

- Hide questions